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The Civil Law stipulates that after the expiration of the property service period,
First, the provisions of the Civil Code on the establishment and termination of indefinite property service contracts.
After the expiration of the property service period, if the owner fails to make a decision to renew or hire the property service provider according to law, and the property service provider continues to provide property services, the original property service contract will remain valid, but the service period is uncertain.
Both parties may terminate the indefinite property service contract at any time, but shall notify the other party in writing 60 days in advance.
Second, the conditions for the establishment of the contract
The conditions required for the establishment of the contract mainly include:
1. The contractor has more than two parties. The so-called contracting subject refers to the person who actually enters into a contract. They can be both the future parties to the contract and the agents of the parties to the contract. The contractor is different from the contractor. The contracting party is the party to the contractual relationship. They are the people who actually enjoy contractual rights and undertake contractual obligations.
Both parties must conclude the contract "according to law". The so-called "signing a contract according to law" means that the conclusion of a contract must meet the requirements of laws and administrative regulations. Since the contract stipulates the relationship between the rights and obligations of the parties, and enjoys and undertakes the rights and obligations according to law, the conclusion of the contract must comply with the provisions of laws and administrative regulations. If the contract concluded by the parties violates the requirements of laws and administrative regulations, the law will not recognize and protect it. In this way, the purpose of reaching an agreement between the parties can not be achieved, and the conclusion of the contract will lose its legal significance.
Both parties must reach an agreement on the main terms of the contract. That is, the contract must be agreed by both parties through consultation. The so-called consensus refers to the same and non-divergent views reached after negotiation and bargaining.
4, the establishment of the contract should have an offer and acceptance stage method. Offer acceptance is the basic rule of contract formation, and it is also a two-stage method that contract formation must go through. If the contract is not promised, but only stays in the offer stage, the contract is not established. A contract begins with the negotiation between the parties to the contract and is established through the agreement between the contract offer and the commitment to it.
The above are just the general conditions for the establishment of the contract. In fact, due to the different nature and contents of contracts, many contracts have their specific requirements for establishment.
Third, the performance of the property service contract
The performance of a contract refers to the correct, proper and comprehensive performance of the obligations stipulated in the contract by both parties. The performance of the realty service contract not only refers to the final delivery behavior of both parties to the contract, but also includes the sum of a series of behaviors of both parties and their results. The performance of a property service contract is usually stipulated in law as full performance, that is, the parties must fully perform all the obligations stipulated in the contract in an appropriate way at an appropriate time and place according to the subject matter, quality and quantity agreed in the contract. In fact, it contains two meanings.
(1) Actual performance. Actual performance refers to the performance of the subject matter agreed in the contract. According to the definition of actual performance, if one party breaches the contract, its liability for breach of contract cannot be replaced by other property or compensation. Even if the breaching party pays liquidated damages or compensation, if one party requests to continue to perform, it shall continue to perform the contract. Non-actual performance is allowed only when actual performance becomes impossible or unnecessary.
(2) appropriate performance. Proper performance means that the type, quantity, quality, subject, time, place and method of the subject matter of the contract (property service) must be appropriate when performing the property service contract. According to the definition of proper performance, in the case of non-performance or improper performance, the party at fault should explain the situation to the other party in time to avoid or reduce the loss and compensation liability. When one of the contracting parties only performs part of the obligations under the contract, the other party has the right to refuse and claim compensation for the increased expenses due to part of the obligations of one party, except that part of the performance does not harm the interests of the parties. If one party fails to perform the contract, it may suspend the contract temporarily, but it shall notify the other party immediately. On the other hand, if the performance of the contract provides sufficient guarantee, the contract should continue to be performed.
According to the law, it can be known that the owner has not made a decision to renew or hire another property service provider according to law. If the property service provider continues to provide property services, it will be regarded as an indefinite contract and can be terminated at any time.
Legal objectivity:
Article 282 of the Civil Code of People's Republic of China (PRC) * * * The income obtained by the construction unit, property service enterprise or other managers from the owner * * * shall be owned by the owner * * after deducting reasonable expenses. Article 284 of the Civil Code of People's Republic of China (PRC) * * * The owner can manage the building and its ancillary facilities by himself, or entrust the property service enterprise or other managers to manage it. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law. Article 943 of the Civil Code of People's Republic of China (PRC) * * * Property service providers shall regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds and part of the owners' operation and income in a reasonable way, and report to the owners' meeting and owners' committee.
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